TORT: Trespass - Encroachment into land - Claim for vacant possession - Absence of denial - Defendant constructed highway on a small part of plaintiff's land - Incomplete acquisition process - Failure to obtain consent of land owner - Whether there was trespass on land - Whether plaintiff ought to be compensated if impossible to give vacant possession

CIVIL PROCEDURE: Judgments and orders - Setting aside - Regular judgment - Application to set aside judgment in default of defence - Delay in making application - Defendant blamed his former solicitors' inaction after judgment in default was recorded - Consideration of court - Whether court should refuse relief to an indolent litigant without considering merits in defence - Whether merits of defence is the sole consideration that a court takes into account in deciding whether to set aside a regular default judgment - Whether application should be dismissed on ground of delay - Whether there was reasonable explanation for delay

Suits by and against partnerships - Action against firm - Solicitor from firm's branch acted for bank in loan transaction with third party - Third party defaulted in payment - Bank unable to proceed with foreclosure proceedings since charge on property in favour of bank discharged without bank's knowledge and consent - Judgment obtained against firm for damages suffered by bank - Whether former partner of firm liable at material date when discharge of charge took place - Whether writ of summons ought to be served on former partner of firm - Whether High Court Judge erred in failing to direct that liability of former partner be tried in fullLee Choon Hei v. Public Bank Bhd & Another Appeal
(Mohd Zawawi Salleh, Badariah Sahamid, Harmindar Singh Dhaliwal JJCA) [2017] 7 CLJ 438 [CA]

Trademarks and service marks are types of Intellectual Property used by traders to identify or distinguish their goods and/or services from those of other traders. These include distinctive words, designs, logos, symbols and/or phrases. It is not compulsory to register a trademark or service mark in Malaysia. However, there is generally less legal protection available to trademarks or service marks that are not registered. Trademarks and service marks are territorial in nature and must be registered in each of the countries where they are being used. For the purposes of this article, the term "trademarks" shall include reference to service marks as well.

Oil exploration in the Niger Delta has adversely affected the eco-system and inhabitants of the region. This has become a major concern for environmentalists nationally and internationally. Although environmental protection laws exist, the impact of such laws is yet to be felt. It is against this back-drop that this research examines the various environmental protection laws applicable to the region particularly those meant to prevent oil spills, with the aim of ascertaining the reasons for their inefficiency. This is with the objective of suggesting workable solutions necessary to amend the applicable laws and reinforce existing institutions to restore the Niger Delta eco-system and reinstate the inhabitants. This was achieved through content analysis of primary and secondary sources of law. The study discovered that most of the applicable laws are inadequate and the regulatory institutions lack the necessary authority for their enforcement. The research recommends that applicable laws should be amended and harmonized to render them operative, full scale clean-up of existing chemical spills should be embarked on, and modern measures such as emission trading and payment by polluters should be adopted.